Katherine Reznik Benoit v. Benjamin Paul Benoit

Louisiana Court of Appeal·Decided June 17, 2024·No. 2024CW0339·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KATHERINE REZNIK BENOIT NO. 2024 CW 0339

VERSUS BENJAMIN PAUL BENOIT JUNE 17, 2024

In Re: Katherine Reznik Benoit, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 729453.

BEFORE: GUIDRY, C.J., McCLENDON AND WELCH, JJ.

WRIT GRANTED WITH ORDER. The district court's March 8, 2024 judgment sustaining the exceptions of res judicata and lis pendens and dismissing relator's petition is a final, appealable judgment. See La. Code Civ. P. art. 1841; Jenkins v. Willow Inc., 2016-38 (La. App. 5th Cir. 5/26/16), 353 So.3d 767, 775, writ denied, 2016-1627 (La. 11/18/16), 210 So.3d 291. Therefore, the writ is granted for the limited purpose of remanding the case to the district court with instructions to grant relator, Katherine Reznik Benoit, an appeal pursuant to the pleading that notified the district court of her intention to seek writs. See In re Howard, 541 So. 2d 195, 197 (La. 198 9) (per curiam) . A copy of this court's order is to be included in the appellate record.

JMG PMc JEW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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Related

In Re Howard
541 So. 2d 195 (Supreme Court of Louisiana, 1989)